The term "mild traumatic brain injury" is medically misleading. While classified as "mild" based on initial clinical presentation, these injuries can cause symptoms that persist for months or years, significantly impacting work, relationships, and quality of life. Pursuing legal claims for mild TBI and concussions presents unique challenges because the injuries are often invisible on standard imaging.

What Is Mild TBI?

Mild TBI (including concussion) is classified based on initial presentation:

  • Loss of consciousness under 30 minutes (or none)
  • Post-traumatic amnesia under 24 hours
  • Glasgow Coma Scale score 13-15
  • Normal structural brain imaging (CT/MRI)

Despite this "mild" classification, symptoms can be severe and long-lasting.

Persistent Symptoms

Common symptoms persisting after mild TBI include:

  • Chronic headaches
  • Dizziness and balance problems
  • Fatigue and sleep disturbances
  • Memory and concentration difficulties
  • Difficulty finding words
  • Light and noise sensitivity
  • Irritability and mood changes
  • Depression and anxiety

Post-Concussion Syndrome

When symptoms persist beyond the typical 7-10 day recovery period, the condition may be diagnosed as post-concussion syndrome. Approximately 15-30% of concussion sufferers experience prolonged symptoms.

Legal Challenges

Invisible Injury

Standard CT scans and MRIs typically appear normal in mild TBI, leading insurers and defense attorneys to claim no injury occurred.

Subjective Symptoms

Many symptoms (headache, fatigue, cognitive difficulty) can't be objectively measured, inviting skepticism.

Pre-Existing Factors

Defendants attribute symptoms to stress, depression, prior injuries, or malingering.

Delayed Treatment

Many concussion victims don't immediately seek treatment, creating documentation gaps.

Building Strong Mild TBI Cases

Medical Documentation

Seek medical attention immediately and follow up consistently. Document all symptoms in medical records.

Neuropsychological Testing

Comprehensive neuropsychological evaluation is often the best way to document cognitive deficits that imaging doesn't show. Testing measures memory, attention, processing speed, and executive function.

Advanced Imaging

DTI (diffusion tensor imaging), fMRI, and other advanced scans may detect damage standard imaging misses.

Before-and-After Evidence

Documentation of the victim's cognitive abilities and functioning before versus after the injury powerfully demonstrates impact.

Damages

Even "mild" TBI can cause significant damages:

  • Ongoing medical treatment and therapy
  • Lost income during recovery
  • Reduced earning capacity if unable to return to previous work
  • Pain and suffering from persistent symptoms
  • Impact on relationships and quality of life

Conclusion

Mild TBI cases require experienced attorneys who understand how to prove invisible injuries and counter defense tactics designed to minimize claims. If you're suffering persistent symptoms after a concussion, don't let the "mild" label prevent you from seeking fair compensation.